Spouse visa - could it be rejected ?

[Louisesko1]

Hello everyone!
I hope someone can answer cause im a little confused.

Im a danish citizen. I have just moved to Sweden.

Im married to a non-european (Algeria) man.

Now we want to apply for a family visit Schengen visum.

My husband has earlier overstayed in Schengen. He got his Schengen visa to Italy). He overstayed 1 year cause he was traveling around europe. He was arrested in Denmark and was in jail for 24 days. After they sent him back to Italy (Dublin). And Italy gave him 10 days to leave the country.

Can all this have an influence that the ambassy will reject/refuse the visit family visa for my husband to Sweden????

[Casa]

In the circumstances your husband is unlikely to be granted another Schengen visa.

[mgb]

Take a look at ECJ C-503/03.
The applicant has to be a present serious threat.
A entry in the SIS database alone doesn't justify the refusal of a family member of a eu citizen.

[Louisesko1]

Okey - so it means that its not right what Casa is saying?

[Louisesko1]

Casa --> do you say this because of the SIS or the overstay?

[Casa]

Casa --> do you say this because of the SIS or the overstay?

Due to the 24 day prison record due to illegal residence, expulsion from Denmark and deportation from Italy.

Edit: Your opening post is confusing. You mention both a Spouse visa and a Schengen visa? Which one are you applying for?

If refused, you may be able to appeal:
http://ec.europa.eu/dgs/legal_service/a ... 503_en.pdf

[Louisesko1]

Its a spouse visa we will apply for.
But is this one also going to be rejected due to the overstay in Schengen???

[Casa]

In your opening post you mentioned the intention is to apply for a Schengen visa.

Now we want to apply for a family visit Schengen visum.

Is your husband applying for an EEA family permit to enter Sweden, or a Family visit Schengen visa

[Louisesko1]

We will apply for a visitor visa.
I have been reading, that we, because of the European rules, can apply for at visitor visa. Because I have been moving from Denmark to Sweden. Then he can some to Sweden for maybe about 15-20 days.
Is that not correct?

I don't know what you mean by Schengen visa, cause when you are visiting a family member then it's something else than a normal Schengen Visa

[Louisesko1]

Or you think it would be easier to apply for era family permit? When you apply for this, is it not counting that my husband befor overstayed Schengen visa?

Thanks a lot for answer

[Casa]

Or you think it would be easier to apply for era family permit? When you apply for this, is it not counting that my husband befor overstayed Schengen visa?

Thanks a lot for answer

In my honest opinion, you may stand a better chance by applying for an EEA Permit, as personally I can't see that he will be granted a visitor visa due to the deportation from Denmark and Italy following the lengthy overstay and the time spent in a Danish prison.

Others may want to comment.

[Louisesko1]

Okey thanks for your answer Casa.
But my husband didnt get an deportation from Denmark. It was a transmission to Italy due to Dublin Regulation.

[mgb]

A visa for a family member of a eu citizen is issued as a schengen visa with family member eu/eea in the remark section.
Your husband should use the schengen application form and mark others in field 21 and write family member eu for a visa application via the swedish embassy.

[Casa]

It's essential that your husband declares his immigration history in any application in order to avoid deception. It will all be held on the SIS anyway,

[Louisesko1]

Okey thanks for answer.
But is it only if there is a entry ban in the SIS system that there is a problem in getting family visa???

[mgb]

The swedish embassy has only access to the SIS database.
Btw. on the schengen application form is no question about entry bans or immigration history. There is only a question about schengen visas in the last 3 years..

[Louisesko1]

Is it a question about visa's in the last three years?

I thought they where also looking in the SIS II?